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Updated over 4 years ago,
Condo Damages to association property because of previous owner
Purchased condo, re-habbed, now ready to sell - Previous owners (two different owners ago, about 15 years back) put in new windows and caused some siding damage on the back of the building (missing flashings). I, as the new owner, alerted the board of the issue right after closing. I did have a siding guy lined up to do the repair, but the condo association maintenance guy saw him and told him to get off the property as he is NOT allowed to work on the association property. (Technically, the association owns the building exterior/siding.) Of course I had the guy leave and he did no work.
Board is now trying to charge me for the damage to the exterior siding from the previous owner, for the cost to reside the entire back of the building, to the tune of $20K!! I have an offer in play that could fold.
Can a board charge me for damage to the buildings exterior, caused by another owner, years ago? There was no disclosure at the time I purchased, nor has the board given me any notices, that I was going to be held for costs caused by another owner. I would think I can't be charged as:
1) there was no disclosure at the time I purchased, and no formal notices have been issued now regarding any costs for damages,
2) I did not cause the damage (missing flashings) and the board clearly knew about the violations (discussed at a board meeting along with deck issues on my unit),
3) the condo docs clearly say the association 'owns' the entire wall, from outside in, up to and including drywall, so should be an association repair,
AND, 4) more importantly the condo docs also say the association 'must approve all changes to the building' through a process called 'architectural control'. So - 15 years ago when the damage happened and the windows were installed, the condo owner would have provided info to the board for approval, the association would have inspected the work done by the unit owners contractor, and then could have asked the owner to repair the siding correctly at this time. As far as anyone can tell, they exercised no such right.
Clearly - the board and association, 15 years ago - didn't do their job. But can I now be held liable for damage to the associations property caused by a previous owner? My take - if someone smashes into my car, that person pays for the damages. But if someone smashes into my car, I can't charge another person, Joe Blow down the street for example, for the damages, 15 years later.
They are trying to hold me accountable for someone else's damages. I think they lost that right, when they didn't act upon it, 15 years ago.
What am I missing here? Thanks so much, Janell